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HomeMy WebLinkAboutPC Min 2009-06-03City of Seal Beach Planning Commission Agenda for June 3, 2009 7:30 p.m. PLEDGE OF ALLEGIANCE I. ROLL CALL II. AGENDA APPROVAL III. By Motion of the Planning Commission, this is the time to: (a) Notify the public of any changes to the Agenda; (b) Re-arrange the order of the Agenda; and/or (c) Provide an opportunity for any member of the Planning Commission, staff, or public to request an item be removed from the Consent Calendar for separate action. ORAL COMMUNICATIONS IV. At this time, members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Planning Commission, provided that the Planning Commission may undertake no action or discussion unless otherwise authorized by law. CONSENT CALENDAR V. Items on the Consent Calendar are considered to be routine and are enacted by one motion unless prior to enactment, a member of the Planning Commission, staff, or the public requests a specific item be removed from the Consent Calendar for separate action. SCHEDULED MATTERS VI. 1. Approve Planning Commission Meeting Minutes of May 6, 2009. 2. Approve Planning Commission Meeting Minutes of May 20, 2009. th 3. Adopt Resolution 09-23 denying Height Variation 09-3 for 124 10 Street. th 4. Adopt Resolution 09-24 denying Height Variation 09-4 for 126 10 Street. th 5. Adopt Resolution 09-25 denying Height Variation 09-5 for 202 10 Street. th 6. Adopt Resolution 09-26 denying Height Variation 09-6 for 204 10 Street. 1 City of Seal Beach Planning Commission • Agenda of June 3, 2009 PUBLIC HEARING VII. 7. Conditional Use Permit 09-7 3001 Old Ranch Parkway (Kobe Japanese Steakhouse) (Continued to June 17, 2009) Applicant/Owner: BNP Enterprises, Inc. / Bixby Land Company Request: To allow an expansion of live entertainment hours and the provision of outdoor seating in conjunction with an existing restaurant, bar, and entertainment cafe. Recommendation: Approval, subject to conditions, and adoption of Resolution 09-21. 8. Conditional Use Permit 09-5 4000 Lampson Avenue (Chevron) (Continued From May 20, 2009) Applicant/Owner: Bhupinder S. Mac Request: To convert existing service bays within a service station to retail space, and to allow a Type 20 ABC License (off-sale beer and wine) for the existing convenience store within the General Commercial (C-2) Zone. Recommendation: Approval, subject to conditions, and adoption of Resolution 09-19. 9. Conditional Use Permit 09-9 12300 Seal Beach Blvd. (Target) Applicant/Owner: Target Corporation Request: Modification of an existing Conditional Use Permit to allow a Type 21 ABC license (Off-sale General – Package Store) in conjunction with an existing retail store (Target) within the Old Ranch Town Center. Recommendation: Approval, subject to conditions, and adoption of Resolution 09-27. STAFF CONCERNS VIII. COMMISSION CONCERNS IX. 2 City of Seal Beach Planning Commission • Agenda of June 3, 2009 ADJOURNMENT X. Adjourned to next scheduled meeting of June 17, 2009, at 7:30 P.M. 3 City of Seal Beach Planning Commission • Agenda of June 3, 2009 2009 Agenda Forecast Jun 17 Conditional Use Permit 09-7 - 3001 Old Ranch Parkway (Kobe Steakhouse) Jul 08 Jul 22 Aug 05 Aug 19 Sep 09 Sep 23 Oct 07 Oct 21 Nov 04 Nov 18 Dec 09 Dec 23 4 CITY OF SEAL BEACH 1 PLANNING COMMISSION 2 3 Minutes of June 3, 2009 4 5 6 7 Chairperson Deaton called the regularly scheduled meeting of the Planning 8 Commission to order at 7:30 p.m. on Wednesday, June 3, 2009. The meeting was held 1 9 in the City Council Chambers and began with the Salute to the Flag. 10 ROLL CALL 11 12 13 Present: Chairperson Deaton, Commissioners Bello, Eagar, and Massa-Lavitt. 14 15 Also 16 Present: Department of Development Services 17 Lee Whittenberg, Director of Development Services 18 Jerry Olivera, Senior Planner 19 Steve Flower, Assistant City Attorney 20 21 Absent: Commissioner Larson 22 23 Mr. Whittenberg reported that Commissioner Larson would not be in attendance due to 24 a medical issue. He requested a motion to excuse his absence. 25 26 MOTION by Massa-Lavitt; SECOND by Bello to excuse Commissioner Larson from the 27 Planning Commission meeting of June 3, 2009. 28 MOTION CARRIED: 4 – 0 – 1 29 AYES: Deaton, Bello, Eagar, and Massa-Lavitt 30 NOES: None 31 ABSENT: Larson 32 33 AGENDA APPROVAL 34 35 36 Mr. Whittenberg indicated that both Commissioners Eager and Massa-Lavitt were 37 absent from the Planning Commission (PC) meeting of May 6, 2009, so they shall have 38 to abstain from voting on Item No. 1 under “Scheduled Matters.” Also, because this 39 does not leave a quorum to vote on Item 1, this matter will have to be continued to the 40 next scheduled meeting of June 17, 2009. 41 42 MOTION by Bello; SECOND by Eagar to approve the Agenda as amended. 43 MOTION CARRIED: 4 – 0 – 1 44 1 These Minutes were transcribed from audiotape of the meeting. 1 of 10 City of Seal Beach Planning Commission Meeting Minutes of June 3, 2009 AYES: Deaton, Bello, Eagar, and Massa-Lavitt 1 NOES: None 2 ABSENT: Larson 3 4 ORAL COMMUNICATIONS 5 6 7 Chairperson Deaton opened oral communications. 8 9 There being no one wishing to speak, Chairperson Deaton closed oral communications. 10 CONSENT CALENDAR 11 12 13 No items. 14 SCHEDULED MATTERS 15 16 17 1. Approve Planning Commission Meeting Minutes of May 6, 2009. 18 19 To be continued to the next scheduled Planning Commission meeting of June 17, 2009. 20 21 2. Approve Planning Commission Meeting Minutes of May 20, 2009. 22 23 Chairperson Deaton noted a correction to Page 8, Line 23 and requested that the text 24 be changed to read: “Chairperson Deaton stated she believes architects can design 25 homes with ceilings in one part of the house where the elevator could be where the 26 ceilings could be 8 feet and ceilings could be taller in the rest of the house creating an 27 interesting roof line.” 28 29 MOTION by Eagar; SECOND by Bello to approve the Planning Commission Meeting 30 Minutes of May 20, 2009, as amended. 31 MOTION CARRIED: 4 – 0 – 1 32 AYES: Deaton, Bello, Eagar, and Massa-Lavitt 33 NOES: None 34 ABSENT: Larson 35 36 37 Chairperson Deaton noted that the PC would be making one motion for Items 3, 4, 5, 38 and 6. 39 th 40 3. Adopt Resolution 09-23 denying Height Variation 09-3 for 124 10 Street. 41 th 42 4. Adopt Resolution 09-24 denying Height Variation 09-4 for 126 10 Street. 43 th 44 5. Adopt Resolution 09-25 denying Height Variation 09-5 for 202 10 Street. 45 th 46 6. Adopt Resolution 09-26 denying Height Variation 09-6 for 204 10 Street. 2 of 10 City of Seal Beach Planning Commission Meeting Minutes of June 3, 2009 1 MOTION by Bello; SECOND by Eagar to approve Resolution Nos. 09-23, 09-24, 09-25, 2 and 09-26 as presented, denying Height Variation 09-3, 09-4, 09-5, and 09-6. 3 MOTION CARRIED: 4 – 0 – 1 4 AYES: Deaton, Bello, Eagar, and Massa-Lavitt 5 NOES: None 6 ABSENT: Larson 7 8 9 Mr. Flower advised that the adoption of Resolution Nos. 09-23, 09-24, 09-25, and 09-26 10 begins a 10-day calendar appeal period to the City Council. The Commission action 11 tonight is final and the appeal period begins tomorrow morning. 12 PUBLIC HEARINGS 13 14 15 7. Conditional Use Permit 09-7 16 3001 Old Ranch Parkway (Kobe Japanese Steakhouse) 17 (Continued to June 17, 2009) 18 19 Applicant/Owner: BNP Enterprises, Inc. / Bixby Land Company 20 21 Request: To allow an expansion of live entertainment hours and the 22 provision of outdoor seating in conjunction with an existing 23 restaurant, bar, and entertainment cafe. 24 25 Recommendation: Approval, subject to conditions, and adoption of Resolution 26 09-21. 27 28 Staff Report 29 30 Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the Planning 31 He provided some background information on this item and noted that Department.) 32 Staff has not yet received accurate site plans and floor plans for the proposed 33 expansion, so this item is to be continued to the next scheduled meeting of June 17, 34 2009. 35 36 Public Hearing 37 38 Chairperson Deaton opened the public hearing. 39 40 There being no one wishing to speak, Chairperson Deaton continued the public hearing 41 to June 17, 2009. 42 43 8. Conditional Use Permit 09-5 44 4000 Lampson Avenue (Chevron) 45 (Continued From May 20, 2009) 46 3 of 10 City of Seal Beach Planning Commission Meeting Minutes of June 3, 2009 1 Applicant/Owner: Bhupinder S. Mac 2 3 Request: To convert existing service bays within a service station to 4 retail space, and to allow a Type 20 ABC License (off-sale 5 beer and wine) for the existing convenience store within the 6 General Commercial (C-2) Zone. 7 8 Recommendation: Approval, subject to conditions, and adoption of Resolution 9 09-19. 10 11 Staff Report 12 13 Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the 14 He provided some background information on this item and noted Planning Department.) 15 that while researching the Staff Report, Staff found that the Zoning Code (ZC) standards 16 prohibit the sale of wine and beer from service stations located within 100 feet of 17 residential zones or within 1,000 feet of park areas. He noted that this gas station is 18 immediately adjacent to residences and within 1,000 feet of park facilities. Staff is, 19 therefore, recommending denial of the request for alcohol sales. He noted that if the 20 applicants wish to pursue this, they would be required to submit an application for a 21 Variance from these distance standards. With regard to the conversion of the service 22 bays for retail uses, the main issue is the provision of parking on the property to meet 23 the standards for the service station use as well as for the existing convenience market 24 and any additional retail uses requested. He noted that the service bay area measures 25 approximately 1,325 sq. ft. and the basic parking requirement for retail uses is 1 parking 26 space per every 300 sq. ft. of floor area, which would equal parking 5 spaces in addition 27 to what is already required. Mr. Whittenberg then explained that the applicant has 28 provided 20 parking spaces on the property so if some of this area was to be used for a 29 restaurant or sandwich shop use, there would be some flexibility for additional parking 30 spaces over what would be required for a strictly retail use. He stated that Staff 31 recommends approval of the Conditional Use Permit for the conversion of the service 32 bay area to either retail or restaurant use, subject to meeting the required parking 33 standards. He noted that Staff has included the requirement that the handicap access 34 space be relocated to the front of the building immediately adjacent to the new retail, 35 convenience market area in accordance with Building Code requirements. 36 37 Commissioner Questions 38 39 Commissioner Massa-Lavitt asked if Staff had the opportunity to recalculate the number 40 of parking spaces on site by re-measuring the parallel parking spaces. Mr. Whittenberg 41 stated that they would still have the required parking spaces. 42 43 Chairperson Deaton asked what the current hours of operation are at the gas station. 44 Mr. Whittenberg indicated that the operating hours for the convenience store and 45 service station are from 5:00 a.m. to midnight, and the automotive repair activities are 46 from 7:00 a.m. to 8:00 p.m. Chairperson Deaton confirmed that what the applicant 4 of 10 City of Seal Beach Planning Commission Meeting Minutes of June 3, 2009 1 proposes is that all operations at the service station be open from 5:00 a.m. to midnight. 2 Mr. Whittenberg noted that they basically included the provision that applies to the 3 existing convenience market. 4 5 Commissioner Massa-Lavitt if the operating hours of 5:00 a.m. to midnight are permitted 6 by the Zoning Code (ZC). Mr. Whittenberg stated that by right the ZC allows 7 businesses within Commercial Zones to operate from 6:00 a.m. to 2:00 a.m. 8 9 Commissioner Eager asked what the operating hours would be if the PC were to 10 approve CUP 09-5. Mr. Whittenberg stated that the hours of operation would be from 11 5:00 a.m. to midnight. 12 13 Public Hearing 14 15 Chairperson Deaton opened the public hearing. 16 17 Mr. Jeff Forgey, of JF Development Services, spoke on behalf of the applicant and 18 noted that the existing service bay area is vacant and represents approximately 46 19 percent of the building’s square footage, yet generates no revenue. He stated that in 20 order to be competitive with business and service stations throughout the City, the 21 property owner is proposing converting the vacant lube bay into retail space, to be 22 divided into a sandwich shop, such as a Subway franchise, and a dry cleaning 23 business. He explained that today more conveniences and everyday services that are 24 easily accessible are more beneficial to the community. Mr. Forgey added that another 25 convenience that the applicant would like to add is the availability of beer and wine. He 26 noted that the location of this station, which is in a residential area away from freeways 27 and not in a high crime area, makes it an excellent location for adding this convenience. 28 He stated that this Chevron station is a responsible business that provides a safe and 29 clean environment. He noted that Chevron food marts dedicate less than 2 percent of 30 the floor area to alcohol products, which would be restricted to beer and wine. Mr. 31 Forgey then added that nighttime lighting for this service station is customer friendly and 32 provides task lighting at the fueling areas and area lighting throughout the site, as well 33 as adequate exterior lighting throughout the property to enhance security of employees 34 and customers. He noted that employees will be trained by Alcohol and Beverage 35 Control (ABC) to verify the age of all customers with a photo I.D. He then added that 36 this Chevron station provides convenient access from Lampson Avenue and Basswood 37 Street, as well adequate parking, landscaping, planter areas, site lighting, and security. 38 39 Bhupinder S. Mac, owner of the Chevron Station, stated that he has owned this property 40 since 1992 and has leased in on several occasions to other tenants who have not 41 adequately maintained the property, so two years ago he took the property back. He 42 cleaned it up and added several enhancements and brought in the Chevron brand 43 name. He explained that the service bays were closed due to complaints from 44 surrounding residents of people leaving their old cars there. He explained that having 45 the market would be convenient for surrounding residents and he is a responsible 46 business owner and would ensure that the sale of beer and wine is done responsibly. 5 of 10 City of Seal Beach Planning Commission Meeting Minutes of June 3, 2009 1 He requested approval of CUP 09-5. He indicated that if it is necessary to apply for a 2 Variance, Mr. Forgey would take care of that. Chairperson Deaton explained to Mr. 3 Mac that the Variance could not be granted tonight. Mr. Mac stated that he understood. 4 5 Marty Baylin stated that he has been employed with the Nirvair Corporation, the 6 Chevron Station, for 10 years and they provide excellent service and a clean facility to 7 the community. He stated that the service bays give the station a bad look and they 8 wish to create a clean appearance for this service station. He indicated that approval of 9 CUP 09-5 would help the Chevron station, would cut down on drive time for nearby 10 residents purchasing items at the convenience store, and eventually would increase 11 revenue to the City. He noted that the Old Ranch Townhomes do not fall within 100 feet 12 of the service station and the profit margin for beer and wine is less than 5 percent, and 13 would only be provided as a service to the surrounding community. He emphasized 14 that this business is very responsibly operated. 15 16 Matt Meter, 225 Old Ranch Road, stated that has resided right on the other side of the 17 gas station for approximately 10 years and the gas station has been a very good 18 neighbor and a good business. He indicated that now there is a huge concern over 19 additional noise created by customers arriving, fueling their cars, departing the service 20 station, loud music from car radios, and car alarms going off. He stated that with the 21 addition of the convenience market residents would now have to deal with noise from 22 delivery trucks arriving at 7:00 a.m. and with the sandwich shop open until 11:00 p.m. 23 there would be more activity and noise. He noted that parking is to be located at the 24 rear of the service station closest to the residential area, which will greatly impact the 25 quality of life for these families. 26 27 Mr. Mac stated that cars were not being worked on, but rather old cars had been 28 abandoned and were left in the bays creating an eyesore. With regard to delivery 29 trucks, Mr. Mac stated that all of the deliveries are made between the hours of 7:00 a.m. 30 and 8:00 p.m. He noted that beer and wine would not be delivered in refrigerated 31 trucks. He assured the PC that they can work harder to ensure that there is no loud 32 noise, and noted that most of the customers that come in the evening are local 33 residents. Chairperson Deaton asked how many people Mr. Mac employs. Mr. Mac 34 stated that he employs 3 people, one to handle each 8-hour shift. 35 36 Commissioner Eagar asked if additional employees would be hired for the sandwich 37 shop. Mr. Mac stated that he would hire additional employees to serve in the sandwich 38 shop and the dry cleaners would close at 6:00 p.m. on weekdays, 2:00 p.m. on 39 Saturdays, and would be closed on Sundays. He stated that he operates a service 40 station in Woodland Hills with these retail services, and he has never had any 41 complaints. 42 43 Commissioner Eagar asked Mr. Meter when the gas station lighting is turned on in the 44 evening. Mr. Meter stated that lighting has been an issue and has changed with each 45 lessee. Now with Chevron the station has a new LED banner that creates a lot of glare 46 and there is also a wall pack that shines over the townhomes. He stated he has asked 6 of 10 City of Seal Beach Planning Commission Meeting Minutes of June 3, 2009 1 that this lighting be adjusted or turned off and has had no response. He also 2 commented that trash does get thrown over the wall and his home was broken into and 3 when the burglar exited he jumped over the wall and onto the gas station lot. 4 5 Jim Forgey stated that the rear of the building is 35.7 feet from the property line and the 6 interior lines of the property have a contiguous solid block wall at the perimeter. He 7 noted that the City does not take into account any parking in the fueling areas, noting 8 that there are 8 pumps, and most customers will park to fuel their cars and then proceed 9 to the market or to the sandwich shop or the dry cleaners, without moving their car to 10 another parking space. 11 12 There being no one else wishing to speak, Chairperson Deaton closed the public 13 hearing. 14 15 Commissioner Comments 16 17 Commissioner Massa-Lavitt stated that the project will lose approximately 4 parking 18 spaces with the reconfiguration and someone needs to scale out the parking lot to 19 ensure that they will indeed have the required number of parking spaces. She agreed 20 that the under canopy pumping stations should be counted as parking spaces, but the 21 ZC does not allow for this. She then asked if there were a requirement for a loading 22 zone on this size project. Mr. Whittenberg stated that loading zones are required for 23 buildings of 5,000 sq. ft. or more. Commissioner Massa-Lavitt stated that the lighting 24 plan should have been reviewed to see if there spillover and Chevron should do this to 25 prevent any impact to the adjacent residential units. Mr. Whittenberg stated that there 26 are a number of projects that were approved in the past, but when they come back 27 before the PC for review this can be addressed. Commissioner Massa-Lavitt then 28 suggested having the gas station increase the height of the block wall on the perimeter 29 to 8 feet. Mr. Whittenberg noted that one of the issues that always arises when creating 30 commercial uses near residential uses, is that depending upon the way the residential 31 uses are oriented toward the commercial use, once you begin increasing heights of 32 walls, a lot of times you start blocking off light and air, and this sometimes becomes 33 more of a problem than the noise. He recommended assigning different operating 34 hours for the other retail uses on the property. Chairperson Deaton asked if the PC 35 could change the hours for the convenience store. Mr. Whittenberg explained that this 36 would not be possible, as the market is already there and is simply to be expanded. Mr. 37 Flower stated that this would entail modification of the 2007 CUP approval and notice 38 for this has not been provided. Mr. Whittenberg stated that if the applicants do request 39 a Variance and a new CUP for the alcohol sales, then all of the current conditions for 40 the convenience market become open for consideration, including delivery hours and 41 hours of operation. He noted that the PC could establish different delivery hours for the 42 proposed retail uses. Chairperson Deaton stated that she recalls the resident whose 43 home is located behind the block wall next to the Jack-in-the-Box drive-thru who had 44 ongoing complaints about customers parking against the block wall. She stated that 45 parking might be less of a problem if the parking along the block wall at the rear of the 46 gas station could be exclusively for employees. She noted that there are no rear 7 of 10 City of Seal Beach Planning Commission Meeting Minutes of June 3, 2009 1 entrances to the market and retail uses and having patrons park in the rear might lead 2 to more problems with noise. She recommended that this item be continued and that 3 Staff continue to work with the applicant to come up with a site plan that will address 4 these concerns. Commissioner Eagar was in agreement, and added, that in all fairness 5 to the owner, he has done a tremendous job in cleaning up the property. Commissioner 6 Bello asked whether employee parking has been factored in and if this would affect the 7 required parking. Mr. Whittenberg stated that it would not as the City’s parking 8 standards for businesses are established with the calculations for employee and 9 customer parking. Chairperson Deaton then noted that the question of whether the dry 10 cleaner will have a plant on site has not been discussed. Mr. Whittenberg indicated that 11 unless it is something that requires separate CUP approval, the tenant mix is not 12 something that would come before the PC. Chairperson Deaton stated that the PC 13 should still create conditions for directed lighting and to have employee parking at the 14 rear of the store. Mr. Whittenberg stated that the PC can condition this approval to 15 include these actions. Commissioner Massa-Lavitt stated that she was not inclined to 16 vote on this item tonight and added that the applicant must create a revised site plan 17 that shows an accurate parking count and a photometric plan showing the type of 18 lighting that is to be used and how it is to be shielded and directed. 19 20 MOTION by Massa-Lavitt; SECOND by Eagar to continue Conditional Use Permit 09-5, 21 to the next regularly scheduled meeting of June 17, 2009. 22 MOTION CARRIED: 4 – 0 – 1 23 AYES: Deaton, Bello, Eagar, and Massa-Lavitt 24 NOES: None 25 ABSENT: Larson 26 27 28 9. Conditional Use Permit 09-9 29 12300 Seal Beach Blvd. (Target) 30 31 Applicant/Owner: Target Corporation 32 33 Request: Modification of an existing Conditional Use Permit to allow a 34 Type 21 ABC license (Off-sale General – Package Store) in 35 conjunction with an existing retail store (Target) within the 36 Old Ranch Town Center. 37 38 Recommendation: Approval, subject to conditions, and adoption of Resolution 39 09-27. 40 41 Staff Report 42 43 Mr. Olivera delivered the staff report. (Staff Report is on file for inspection in the Planning 44 He provided some background information on this item and noted that Department.) 45 Target is the process of completing a major remodel and as a part of this they wish to 46 expand their existing alcohol license to allow for the off-premise sale of distilled spirits 8 of 10 City of Seal Beach Planning Commission Meeting Minutes of June 3, 2009 1 and liquor. He indicated that Staff has spoken with Lt. Tim Olson of Seal Beach Police 2 Department (SBPD) who stated that he has no concerns related to the upgrade of this 3 license, noting that Target has a good corporate security and control system. Staff has 4 added a number of conditions to the expansion of this license. He noted that Condition 5 No. 7 shows a delivery hour curfew from 10:00 p.m. to 7:00 a.m. and Staff recommends 6 that this be stricken and the existing condition for no deliveries between the hours of 7 10:00 p.m. to 6:00 a.m. remain as is. He also noted that Condition No. 8 prohibits video 8 games on the premises, and Target does sell video game consoles. They wish to 9 clarify that the video game prohibition includes coin-operated video games only and not 10 video games in general, as they do have the consoles on display within the store. 11 Chairperson Deaton asked if Staff had received complaints about the delivery hours. 12 Mr. Olivera stated that he recalls someone calling to complaint about delivery activity 13 taking place between the hours of 4:00 or 5:00 a.m., but Staff was not able to verify this. 14 He noted that Staff did contact Target to remind them of the restriction on deliveries and 15 since that time Staff has received no complaints. 16 17 Commissioner Questions 18 19 Commissioner Eagar noted that he believes the complaint was related to remodel 20 construction activity taking place outside of Target. 21 22 Public Hearing 23 24 Chairperson Deaton opened the public hearing. 25 26 Beth Aboulafia stated that she is representing Target tonight. She also introduced 27 Victor Campos who is the store manager for Seal Beach. She explained that a primary 28 component of the remodel is the grocery section, with the store adding 12-15 more isles 29 of grocery space, doubling its dry goods selection, introducing fresh produce, meats, 30 and fresh bakery items. She explained that in conjunction with the grocery section 31 Target is requesting the ability to offer a full selection of alcoholic beverages, in addition 32 to the beer and wine already permitted. She requested approval of Conditional Use 33 Permit (CUP) 09-9. Commissioner Eagar asked what the number of incidents of theft of 34 alcohol is. Ms. Aboulafia stated that she is not aware of any incidents, and this has not 35 been an issue at any of the Target stores that have introduced beer and wine. 36 Commissioner Eager asked what the store hours are to be during the remodel. Ms. 37 Aboulafia stated that the store would be open for its regular hours of operation. 38 Commissioner Eagar asked if there would be remodel work done after hours. Ms. 39 Aboulafia stated that she does not believe it will be done after hours and all of the work 40 is being done inside the store. Chairperson Deaton asked if Target would be placing 41 security caps on the distilled spirits to prevent theft. Ms. Aboulafia stated that this has 42 not been an issue. 43 44 Seth Eaker spoke in support of CUP 09-9 stating this is change that is in harmony with 45 a redesign of the store and will create more convenience and provide better selection. 9 of 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 City of Seal Beach Planning Commission Meeting Minutes of June 3, 2009 There being no one else wishing to speak, Chairperson Deaton closed the public hearing. Commissioner Comments None. MOTION by Bello; SECOND by Eagar to approve Conditional Use Permit 09-9, subject to conditions, and adopt Resolution 09-27 as amended. MOTION CARRIED: AYES: NOES: ABSENT: 4-0-1 Deaton, Bello, Eagar, and Massa-Lavitt None Larson Mr. Flower advised that the adoption of Resolution No. 09-27 begins a 10-day calendar appeal period to the City Council. The Commission action tonight is final and the appeal period begins tomorrow morning. STAFF CONCERNS None. COMMISSION CONCERNS None. ADJOURNMENT Chairperson Deaton adjourned the meeting at 8:30 p.m. Respectfully Submitted, ~~~- Carmen Alvarez, Executive Assisfant Planning Department APPROVAL The Commission on June 17, 2009, ap~ed the Minutes of the Planning Commission Meeting of Wednesday, June 3, 2009. . 1 0 of 10